VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01513
Package ID: USCOURTS-cofc-1_24-vv-01513
Petitioner: J.K.J.G.
Filed: 2024-09-27
Decided: 2026-07-13
Vaccine: Dtap, Hib, Hep B, Prevnar 20, and polio
Vaccination date: 2024-08-13
Condition: complex febrile seizure disorder
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
John-Kenry Greene and Emily Douangmala, parents of J.K.J.G., filed a petition alleging their son suffered a complex febrile seizure disorder as a result of Dtap, Hib, Hep B, Prevnar 20, and polio vaccines received on August 13, 2024. J.K.J.G. was born on November 26, 2023. Approximately six hours after vaccination, he experienced a seizure. The petition was filed on September 27, 2024. Respondent argued against compensation, asserting the claim did not meet the six-month severity requirement and that J.K.J.G.'s symptoms were due to his autism spectrum disorder (ASD) diagnosis. The court noted J.K.J.G. was diagnosed with ASD and global developmental delay in September 2025, following three post-vaccination seizure events. Despite multiple extensions and opportunities to obtain counsel and submit evidence, Petitioners failed to provide preponderant evidence of a vaccine-caused injury meeting the severity requirement or a biological mechanism for causation. The court found that the medical records attributed J.K.J.G.'s conditions to an unrelated ASD diagnosis and simple febrile seizures. Consequently, the case was dismissed for failure to prosecute, specifically for failing to provide evidence of an alleged injury that meets the severity requirement.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-01513-0
Date issued/filed: 2026-07-13
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 6/17/26) regarding 49 DECISION of Special Master. Signed by Special Master Herbrina D S Young. (kis) Service on parties made. Petitioners served via email on 7/14/2026. Modified on 7/14/2026 (fm).
--------------------------------------------------------------------------------
Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 17, 2026
Reissued for Public Availability: July 13, 2026
* * * * * * * * * * * * * * *
JOHN-KENRY GREENE and *
EMILY DOUANGMALA, *
parents and guardians of J.K.J.G., *
*
Petitioner, * No. 24-1513
*
v. * Special Master Young
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
John-Kenry Greene and Emily Douangmala, pro se, Washington, DC, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DISMISSAL DECISION1
On September 27, 2024, John-Kenry Greene and Emily Douangmala (“Petitioners”) filed
a petition for compensation in the National Vaccine Injury Program (“the Program”) 2 on behalf of
their minor child, J.K.J.G. Pet., ECF No. 1. Petitioners alleged J.K.J.G. suffered from a complex
febrile seizure resulting from diphtheria, tetanus, acellular pertussis (“Dtap”), haemophilus
influenza type B (“Hib”), hepatitis B (“Hep B”), pneumococcal 20-valent (“Prevnar 20”), and
inactivated polio (“polio”) vaccines received on August 13, 2024. Id. at 1. Respondent argued
against compensation, asserting that Petitioners’ claim did not satisfy the six-month severity
requirement and that J.K.J.G.’s symptoms were the result of his autism spectrum disorder (“ASD”)
diagnosis. Resp’t’s Rep. at 7–8, ECF No. 34.
A careful analysis and weighing of all the evidence presented in this case in accordance
with the applicable legal standards reveals that Petitioners have failed to provide preponderant
evidence that the Dtap, Hib, Hep B, Prevnar 20, and polio vaccines J.K.J.G. received on August
13, 2024, caused him to suffer from complex febrile seizure disorder. Accordingly, Petitioners are
not entitled to an award of compensation.
1 Pursuant to Vaccine Rule 18(b), this Decision was initially filed on June 17, 2026, and the parties were
afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly, this
Decision is reissued in its original form for posting on the court’s website.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act”
or “Act”). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2018).

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 2 of 10
I. Procedural History
Petitioners filed their petition pro se, along with an initial set of medical records, on
September 27, 2024. Pet., ECF No. 1.3 As is my practice for all claims that are filed without
representation, I ordered a status conference for June 27, 2025, to discuss how Petitioners should
proceed. ECF No. 13. During the status conference, I suggested Petitioners seek to obtain counsel,
and they represented that they would continue to collect the required medical records for filing.
ECF No. 14. Accordingly, I afforded Petitioners 30 days to update me on the progress of seeking
counsel. Id.
Petitioners filed several additional medical records throughout July 2025. Pet’r’s Ex. 1,
ECF No. 15; Pet’r’s Ex. 2, ECF No. 16; Pet’r’s Ex. 4, ECF No. 17; Pet’r’s Ex. 3, ECF No. 18;
Pet’r’s Ex. 5, ECF No. 19; Pet’r’s Ex. 6, ECF No. 20. On July 28, 2025, Petitioners filed a status
report indicating they had retained counsel contingent on further neurological evaluation of
J.K.J.G. and requested 30 days to file a notice of substitution of counsel. ECF No. 21. Based on
this representation I granted Petitioners’ request, and afforded them until August 28, 2025, to file
an update regarding their procurement of counsel. ECF No. 22. Due to later scheduled medical
appointments, on August 27, 2025, Petitioners requested another 45 day extension, or until October
14, 2025, to file with new counsel, and this was granted. See ECF Nos. 23–24.
On October 14, 2025, Petitioners filed a status report and medical records indicating that
J.K.J.G. had been diagnosed with ASD and global developmental delay (“GDD”) “following three
post-vaccination seizure events.” ECF No. 25 at 1.4 J.K.J.G. had undergone magnetic resonance
imaging (“MRI”), which revealed “no permanent brain injury,” though Petitioners argued that
“[t]he developmental delays are believed to be related to a post-vaccine encephalopathic reaction,
similar in nature to the recognized pattern established in the Hannah Poling case.”5 Id. They stated
that an attorney continued to review their case and requested another 30 days to file a motion for
substitution of counsel. ECF No. 26. On October 15, 2025, I denied Petitioners’ motion, noting
that I had already afforded them an additional 45 days for their attorney to determine the extent of
their representation. ECF No. 27. Instead, I ordered Petitioners to file a motion for substitution of
counsel or a status report indicating their progress by October 29, 2025. Id.
Petitioners filed additional medical records6 on October 29, 2025, along with a status
report. ECF Nos. 28–29. Petitioners’ status report noted that the attorney that had been reviewing
their case had referred them to a different attorney, who had “not yet accepted or declined
representation.” ECF No. 29 at 1. They noted that “[m]any attorneys appear hesitant due to the
behavioral label of ‘autism,’ despite clear evidence that the injury itself occurred after
vaccination.” Id. The status report stated J.K.J.G. had suffered from three alleged seizure episodes
to-date. Id. However, Petitioners did not provide dates or documentation to support these
3 The medical records filed on this date were not given an exhibit number.
4 These records were not Bates stamped with exhibit numbers.
5 Petitioners did not explain the significant of the Hannah Poling case and did not provide any factual
comparison between J.K.J.G.’s symptoms and the facts of that case. Petitioners also did not file any
articles related to the Hannah Poling case.
6 These records were not Bates stamped with exhibit numbers.
2

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 3 of 10
allegations, and Petitioners represented that they would file these records. Id. Petitioners also
questioned “the accuracy of official medical and emergency records,” given that some contained
typographic errors. Id. Petitioners concluded their status report by characterizing J.K.J.G.’s injury
as “a vaccine-related encephalopathic event leading to [GDD] with secondary autism-like
characteristics.” Id. at 2.
In response to Petitioners’ status report, on October 31, 2025, I issued an order noting that
Petitioners had been afforded 125 days to obtain counsel and had remained unsuccessful. ECF No.
30. I further explained that both pro se petitioners and those represented by counsel are held to the
same procedural requirements as it relates to evidence sufficiency and deadline adherence; thus I
ordered Petitioners to either file a motion for substitution of counsel or a status report indicating
their intent to proceed pro se by no later than December 1, 2025. Id. at 2. On December 1, 2025,
Petitioners filed additional medical records, a “supplemental evidence statement” summarizing
J.K.J.G.’s post-vaccination medical history, and a status report. ECF Nos. 31–32. Petitioners’
status report stated that they continued to gather records for potential counsel to review but
indicated their intent to proceed pro se at this time. ECF No. 32. Accordingly, on December 5,
2025, I issued an order directing Respondent to file his Rule 4(c) report by no later than February
3, 2026. ECF No. 33. In my order, I instructed Respondent to “specifically identify any records he
believes is missing. Respondent was also to specifically identify issues with the case that would
be a barrier to settlement negotiations, including, but not limited to, diagnosis and severity.” Id.
Respondent filed his Rule 4(c) report, opposing compensation, on February 3, 2026.
Resp’t’s Rep. Respondent noted in his report that in order to meet the Vaccine Act’s severity
requirement, Petitioners must show that J.K.J.G. “suffered the residual effects of his alleged injury
through at least February 14, 2025.” Id. at 7. Respondent observed that Petitioners had only
provided evidence of two febrile seizures on August 13, 2024, and November 4, 2024. Id.
Respondent also noted that no treating physician diagnosed J.K.J.G. with a “complex febrile
seizure,” but rather with a “simple febrile seizure.” Id. at 8.
On February 6, 2026, I issued an order instructing Petitioners to either obtain counsel or
address the issues contained in Respondent’s Rule 4(c) report by no later than March 4, 2026. ECF
No. 35. I explained the inherent difficulties of litigating off-Table cases as a pro se litigant, and
noted that the issues raised in Respondent’s report would further exacerbate these difficulties. Id.
I also warned Petitioners that a failure to comply with the terms of my order would result in the
issuance of an Order to Show Cause for failure to prosecute. Id.
On March 5, 2026, one day past the deadline, Petitioners filed their response to
Respondent’s Rule 4(c) report and additional medical records. ECF No. 37; Pet’r’s Ex. 7, ECF No.
38.7 Petitioners’ response outlined J.K.J.G.’s initial febrile seizure approximately 12 hours after
vaccination, and identified additional convulsions on November 4, 2024, and December 1, 2024.
Id. at 3. Petitioners also contested Respondent’s characterization of J.K.J.G.’s injury as a “simple
febrile seizure,” instead arguing it was a “complex febrile seizure.” Id. at 4. Petitioners argued that
they satisfied the six-month severity requirement because J.K.J.G. suffered from “ongoing
concerns including [GDD]/autism-related care considerations.” Id. Petitioners further noted their
upcoming medical visits for J.K.J.G. and their unsuccessful attempts to retain counsel. Id. at 5.
7 These documents were filed incorrectly, and later redocketed on March 10, 2026. See ECF No. 36.
3

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 4 of 10
On March 19, 2026, I issued an Order to Show Cause for failure to prosecute. ECF No. 40.
In my order I explained that although Petitioners alleged J.K.J.G. is experiencing developmental
delays as a result of his vaccines, “the medical records reflect a diagnosis of autism, and not an
injury related to a seizure or that is vaccine caused.” Id. at 1. Thus, I ordered Petitioners to show
cause as to why this cause should not be dismissed for failure to prosecute, and instructed them
that “[t]he filing of a substantive expert report addressing the issue of the six-month severity
requirement and a biological mechanism for vaccine causation” would serve as compliance. Id. at
2. However, I warned Petitioners that their “self-authored filings alleging cognitive concerns
and/or autism as vaccine-caused sequela will not constitute compliance with this Order.” Id.
Petitioner was to submit their response by May 18, 2026. Id.
Petitioners filed a response on March 26, 2026. ECF No. 42. Their response requested until
the end of May due to an upcoming neurology appointment with Johns Hopkins Pediatric
neurology on March 30, 2026, and an outpatient video electroencephalogram (“EEG”) scheduled
for April 20, 2026. Id. I found these requests reasonable, and thus extended Petitioners’ response
deadline to May 29, 2026. ECF No. 43. On May 22, 2026, Petitioners filed medical records, results
from a May 17, 2026 EEG, and a status report. ECF No. 45. Petitioners requested their case not be
dismissed because they were “actively prosecuting this matter, developing the medical record, and
filing additional contemporaneous documentation.” Id. The status report also noted that J.K.J.G.
had suffered a “medical event” on April 10, 2026, while at an applied behavioral analysis (“ABA”)
therapy session. Id. On May 27, 2026, Petitioners filed another motion for extension of time and
requested an additional 30 days to continue to file medical records. ECF No. 46. Their motion
mentioned the records they filed with their prior status report, as well as an upcoming appointment
at John’s Hopkins Neurology on May 28, 2026. Id. at 1.
The same day, my law clerk emailed Petitioners to ask if they intended to file the records
from J.K.J.G.’s March 2026 Johns Hopkins neurology appointment and April 2026 EEG, as these
had not yet been filed (and Petitioners were still within their filing deadline). See Informal Comm.,
docketed June 1, 2026. Petitioners responded to my law clerk’s email on June 1, 2026.8 Id.
Petitioners then filed medical records from Johns Hopkins neurology dated March 30, 2026, and
May 28, 2026. ECF No. 48.
II. Medical History9
8 On June 1, 2026, at 8:17 AM, my law clerk entered an informal communication on the docket noting
that he “emailed Petitioners asking if they intended to file the medical records Petitioners previously
requested time to file. Petitioners did not reply.” See Informal Comm. docketed June 1, 2026. At 8:26
AM, Petitioners emailed my law clerk ex parte stating “I[] just got told that we didn’t reply with
documents for the case. I didn’t receive anything where I saw to upload more medical records. What can I
do to make sure that I can submit all documents and see what the special Masters is requesting? Thank
you for your time.” My law clerk responded at 8:30 AM by forwarding Petitioners his prior email and
cc’ed Respondent’s counsel. Thereafter, Petitioners indicated they would file additional medical records.
See Informal Comm., docketed June 2, 2026.
9 Several of the medical records filed by Petitioners did not include an exhibit number. Thus, where
appropriate, I will refer to these by their ECF numbers as they appear on the docket.
4

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 5 of 10
J.K.J.G.’s medical history prior to vaccination was unremarkable. Pet’r’s Ex. 3 at 14–30.
J.K.J.G. was born on November 26, 2023, at which time he received the Hep B vaccine. Id. at 28.
At his four-month well-child visit, he was noted to be undersized, though his later visits showed
improved weight and growth. Id. at 14–15. J.K.J.G. received additional childhood vaccines without
any complications on December 28, 2023, April 2, 2024, and May 2, 2024. Id. at 15, 20, 24.
On August 13, 2024, J.K.J.G. presented to his primary care provider (“PCP”), Paul
Doherty, for his nine-month well-child visit. Pet’r’s Ex. 3 at 9. His overall screening was normal,
and J.K.J.G. received the vaccines in question at this visit. Id. at 12. Later that night, approximately
six hours after receiving the vaccines, J.K.J.G.’s father found him “unconscious and
unresponsive,” prompting him to call 911 and perform CPR. Pet’r’s Ex. 5 at 2. The paramedics
were dispatched for possible cardiac arrest and abnormal breathing. ECF No. 28 at 1. J.K.J.G. was
actively seizing when the paramedics arrived and Petitioners were instructed to stop compressions.
Id. at 3. His seizures stopped before any medication was administered and his condition appeared
to improve following the administration of ventilated oxygen. Id. Petitioners informed the
paramedics that J.K.J.G. had received vaccinations earlier in the day and that he had been
unresponsive for 25–30 minutes. Id. J.K.J.G. was transported to the hospital without any further
events and noted to be postictal at the time of the paramedics’ departure. Id.
J.K.J.G. arrived at the emergency department (“ED”) of Children’s National Hospital
(“CNH”) shortly after midnight on August 14, 2024, for further evaluation. Pet’r’s Ex. 1 at 9.
Petitioners stated that J.K.J.G. had felt “very, very hot” when he was feeding earlier in the evening,
prompting his father to turn on the air conditioning. Id. When he walked back into the room
J.K.J.G. was “making movements that looked ‘like he was hiccupping or shrugging’ a few times.”
Id. J.K.J.G. then “went limp” when his father tried to burp him, and his father was worried his
throat was closing. Id. CPR did not initially work, prompting J.K.J.G.’s mother to push on his
stomach, causing “mucus [to] com[e] out of his nose.” Id. The treating physician, Rivka Thurm,
noted that J.K.J.G. never stopped breathing during the incident and that his mother had a history
of febrile seizure. Id. Petitioners expressed concern that his vaccines “may have precipitated this
episode.” Id. Dr. Thurm observed that J.K.J.G. was not experiencing a fever upon his arrival, and
his temperature was “relatively low for febrile seizure.” Id. at 10. An abdominal ultrasound and
electrocardiogram (“EKG”) were normal and J.K.J.G.’s labs were mildly elevated due to a viral
illness. Id. Dr. Thurm’s ultimate impression was a simple febrile seizure and instructed Petitioners
to follow up with their PCP in two days. Id.
On August 19, 2024, J.K.J.G.’s mother spoke to Dr. Doherty on the phone. Pet’r’s Ex. 3 at
6. She reported that J.K.J.G. had “turned purple” prior to CPR and that upon the paramedics’
arrival, he “showed flatline.” Id. She reported that the CNH ED suspected febrile seizure and
cardiac arrest, and that J.K.J.G. was “limp on one side the following day,” but now had full activity.
Id. Dr. Doherty referred Petitioners to a neurologist and cardiologist and instructed them to follow
up later that week. Id. at 7.
Petitioners returned to Dr. Doherty on August 22, 2024. Pet’r’s Ex. 3 at 4. Dr. Doherty
agreed with Dr. Thurm’s assessment of febrile seizure given the history recounted by Petitioners,
and advised that it was likely not a cardiac arrest. Id.
5

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 6 of 10
[Petitioners] ask[ed] if it is common for patients to get multip[le] vaccines at once,
which [J.K.J.G.] did on the day of the event, and [Dr. Doherty] replied that his
vaccines were standard vaccines. They dispute that characterization. At this point[
Petitioners] state that they do not wish to continue the visit and get up to leave.
Asked [Petitioners] to stay, but they declined. Asked [Petitioners] to bring him to a
pediatrician they trust for ongoing care if they do not wish to get care from me,
which they state they will do as they leave the room.
Id. Though limited, Dr. Doherty’s examination of J.K.J.G. was normal. Id. at 5.
Petitioners presented to neurologist David Horvat on August 26, 2024, for evaluation of
his seizure episode. Pet’r’s Ex. 1 at 119. J.K.J.G.’s examination was “non-focal [] with normal
development.” Id. at 121. Dr. Horvat opined that although the etiology of his symptoms was
unclear, there was “lower concern for seizure based on loss of tone with event, which would be
somewhat typical for a febrile seizure.” Id. Dr. Horvat recommended J.K.J.G. undergo an EEG
and potentially an MRI, pending the results of the EEG. Id. An EEG was performed on September
3, 2024, which was normal. ECF No. 1-1 at 21.
On September 6, 2024, Petitioners presented to cardiologist David Finkelstein for further
evaluation of J.K.J.G.’s seizure episode. Pet’r’s Ex. 1 at 129. They recounted J.K.J.G.’s history to
Dr. Finkelstein, including his prior immunizations, and Dr. Finkelstein opined that J.K.J.G.’s
symptoms were more consistent with a seizure than cardiac arrest. Id. at 130. An EKG was
performed, which was normal, but Dr. Finkelstein recommended a 24-hour holter monitor be used
to evaluate for intermittent issues. Id. He advised Petitioners to follow up again after the holter
monitor was returned. Id. On September 25, 2024, Dr. Finkelstein informed Petitioners that the
results of the holter monitor were normal. Id. at 131. Petitioners reported that J.K.J.G. was doing
well at home and had not experienced any further events. Id.
Petitioners brought J.K.J.G. to MedStar Urgent Care on November 4, 2024, after finding
him “unresponsive and seizing” for about ten minutes. ECF No. 31 at 12. J.K.J.G. was actively
seizing upon arrival and noted to be febrile. Id. at 13. Petitioners reported that J.K.J.G. had not
been breathing while in the car, but the treating physician noted that he was “awake and alert
shortly after examination.” Id. Petitioners declined treatment from emergency medical services
and urgent care personnel and stated they would take J.K.J.G. to the ED. Id. Petitioners arrived at
the CNH ED shortly after midnight on November 5, 2024, where they reported J.K.J.G.
experienced a febrile seizure that morning. Pet’r’s Ex. 1 at 132. The ED noted his prior fever at
the urgent care was reported to be 104ºF, with “convulsions, bilateral upper extremity and lower
extremity, nonfocal, some frothing, [and] blank stare without eye deviation or rolling.” Id. at 135.
Petitioners reported J.K.J.G. had been experiencing symptoms of an upper respiratory infection
(“URI”) for the past few days and had “been pulling at his ears.” Id. Physician assistant (“PA”)
Aiden Shumway noted that J.K.J.G. was now afebrile and that the case was discussed with
neurology, “though likely no need for follow-up given simple febrile seizure.” Id. at 136.
Petitioners were instructed to follow up with their PCP and were discharged. Id.
On December 1, 2024, Petitioners called emergency medical services due to a third seizure
episode from J.K.J.G. ECF No. 31 at 15. The paramedics noted that J.K.J.G. was experiencing a
6

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 7 of 10
fever and non-epilepticus seizures. Id. at 18. Petitioners refused further services and J.K.J.G. was
not transported to a hospital. Id. at 20.
J.K.J.G.’s next documented encounter occurred on September 23, 2025, when he
underwent a brain MRI. ECF No. 25 at 3. The overall impression found a “[s]uspected premature
closure of the sagittal suture . . . [and m]ildly decreased cerebral perfusion values,” a possible sign
of intracranial pressure. Id. at 4. However, “[n]o epileptogenic focus [was] identified.” Id.
Later that month, on September 30, 2025, J.K.J.G. presented to the Developmental and
Behavioral Clinic at MedStar Health for an assessment of GDD. ECF No. 25 at 5. Petitioners
reported that J.K.J.G. had experienced complex febrile seizures since the receipt of his August 13,
2024 vaccines. Id. On examination J.K.J.G. was noted to be nonverbal with decreased eye contact,
unresponsive to his name, exhibited “repetitive, sensory seeking behaviors,” had poor motor skills,
and was difficult to feed solid food. Id. at 5–7. Based on the examination and reports of Petitioners,
J.K.J.G. was found to “meet criteria for a diagnosis of [ASD].” Id. at 9. The provider also explained
that his febrile seizures were “relatively common in early childhood” and that these were likely
unrelated to his autism. Id. Petitioners were advised to share the initial records from J.K.J.G.’s
seizures for further evaluation and to start ABA therapy. Id. at 10.
The next documented medical encounter for J.K.J.G. was a visit with neurologist Janet
Siddiqui on March 30, 2026. ECF No. 48 at 3. J.K.J.G.’s history of present illness section included
diagnoses of “seizures, autism, [and] cranium stenosis.” Id. The history further recounted
J.K.J.G.’s prior three seizures, and further noted that his “language regressed after these events
and he [was] currently nonverbal. . . . Doesn’t respond to his own name.” Id. at 4. Dr. Saddiqui
noted that J.K.J.G. was diagnosed with autism in September 2025. Id. J.K.J.G. had suffered “no
further generalized shaking events since” December 2024, but his staring episodes had become
more frequent. Id. at 5. A September 23, 2025 brain MRI and a November 4, 2025 computed
tomography (“CT”) scan of his head revealed craniostenosis. Id. Petitioners reported that J.K.J.G.
was currently enrolled in ABA therapy. Id. In her assessment, Dr. Saddiqui opined that J.K.J.G.’s
symptoms were “most likely autistic behaviors/automatisms, but [could not] fully rule out focal
seizures with impaired awareness as these events have not been captured on EEG.” Id. at 7. She
also reviewed the MRI of J.K.J.G.’s brain from September 23, 2025, which showed no
epileptogenic focus. Id. J.K.J.G. was to complete an EEG, and then return for further assessment
and treatment. Id.
On April 10, 2026, J.K.J.G. experienced a seizure episode while attending an ABA therapy
session. ECF No. 45 at 7. The incident report from the ABA staff indicated that J.K.J.G. had fallen
down, “was showing signs of not being alter, [and] then lost control of his core and neck.” Id. at
12. The event lasted for approximately 20 minutes, and J.K.J.G. was unresponsive for two minutes.
Id. The staff then called 911.10 Id.
The following day, on April 11, 2026, J.K.J.G. underwent an EEG study. ECF No. 46 at 6.
The study found “mild diffuse slowing with slow background frequencies expected for age” but
“no focal or epileptiform abnormalities” and no seizures. Id. The overall impression was “mild
diffuse cerebral dysfunction of non-specific cause. . . . Push-button events are not seizures.” Id.
10 No record of an emergency response to this incident has been filed.
7

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 8 of 10
J.K.J.G. completed another EEG on May 11, 2026. ECF No. 45 at 5. The EEG found
epileptiform abnormalities in the form of “occasional bursts of rhythmic, anterior predominant,
generalized 2.5-3 Hz spike and slow waves, lasting [one to three] seconds.” Id. The overall
impression of the EEG was “abnormal in the awake, drowsy[,] and asleep states” but the study
found “no definite seizures or push button events.” Id.
On May 28, 2026, Petitioners returned to Dr. Siddiqui to discuss the results of J.K.J.G.’s
EEGs. ECF No. 48 at 12. Petitioners reported that J.K.J.G. experienced seizures four to five times
per day, “with staring, ‘zoning in and out.’ Postictal afterwards with decreased coordination.” Id.
at 13. He continued ABA therapy and was still nonverbal. Id. After reviewing J.K.J.G.’s EEG
results, Dr. Siddiqui opined that he “does not yet fit a specific epilepsy diagnostic category; I
presume his epilepsy was related to his autism. Genetic testing was apparently negative.”11 Id. at
17. Dr. Siddiqui considered the possibility of absence seizures, but given his age, she opined that
“focal unaware seizures are more likely.” Id. She instructed J.K.J.G. to start Keppra and asked that
Petitioners follow up with her in three months. Id.
No other medical records were filed.
III. Discussion
In order for Petitioners to prosecute their case, they must provide evidence of a vaccine-
caused injury lasting longer than six months following the first alleged symptom. Petitioners’
response to the Respondent’s Rule 4(c) report recounted that J.K.J.G.’s initial febrile seizure
occurred approximately five hours after vaccination on August 13, 2024; therefore, a six-month
injury would extend through mid-February of 2025. They further identified two additional
convulsions on November 4, 2024, and December 1, 2024, and assert that these three events
together are related “complex febrile seizures.” ECF No. 37 at 3–4. Petitioners argue that these
events caused J.K.J.G. to suffer from the “[GDD]/autism-related care considerations” he was
diagnosed with in September 2025, thus satisfying the six-month severity requirement. Id. at 4–
5.
Petitioners also contested Respondent’s characterization of J.K.J.G.’s injury as a “simple
febrile seizure;” however, this argument is best characterized as Petitioners’ disagreement with
J.K.J.G.’s treating physicians. ECF No. 37 at 4; see also Pet’r’s Ex. 1 at 9 (Dr. Thurm diagnosing
J.K.J.G. with a simple febrile seizure on August 13, 2024), 136 (PA Shumway diagnosing J.K.J.G.
with a simple febrile seizure on November 1, 2024). In fact, the only mention of a complex febrile
seizure in the record is Petitioners’ own statement of J.K.J.G.’s condition to the behavioral analyst
who diagnosed him with ASD. See ECF No. 25 at 5. Furthermore, Petitioners did not point to any
diagnostic criteria or literature that would support J.K.J.G.’s symptoms having been the result of
a complex febrile seizure. More importantly, even if J.K.J.G. did suffer from complex febrile
seizures, his most recent seizure occurred on December 1, 2024, less than four months after he
received the vaccines in question, and thus does not satisfy the six-month severity requirement.
11 No record of genetic testing was ever filed.
8

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 9 of 10
Petitioners have been afforded a total of 119 days to file evidence to address the
deficiencies outlined in Respondent’s Rule 4(c) report, in addition to the nearly two years their
case has been pending but have failed to do so. Specifically, Petitioners were informed they needed
evidence to support their assertion that J.K.J.G.’s seizures were manifestations of a complex febrile
seizure condition to meet the six-month severity requirement and to identify a biological
mechanism for vaccine causation. See ECF Nos. 35, 40. Without such evidence in the medical
record, Petitioners were given the opportunity to obtain a medical expert and seek counsel for
assistance. Id. Petitioners noted the difficulties they had experienced obtaining counsel due to the
autism label but did not describe any attempts to obtain a medical expert. Instead, the evidence
filed by Petitioners indicates that all of the neurologists who have treated J.K.J.G. since his initial
seizure on August 13, 2024, have attributed his cognitive symptoms to an underlying ASD
diagnosis that is unrelated to his seizures. These treaters have maintained this opinion even as they
ordered and evaluated the results from multiple EEGs, an MRI, and a CT scan. No treaters have
identified an alternative etiology to J.K.J.G.’s symptoms, and none have considered his vaccines
to be connected to his symptoms, despite Petitioners’ insistence on this belief when reporting
J.K.J.G.’s medical history. See Pet’r’s Ex. 3 at 4 (leaving the care of Dr. Doherty after he advised
them the vaccines did not cause J.K.J.G.’s injury); Pet’r’s Ex. 1 at 119 (Petitioners telling Dr.
Horvat that the seizure occurred in the setting of vaccination), 129 (Petitioners telling Dr.
Finklestein that the seizure occurred in the setting of vaccination); ECF No. 25 at 5 (Petitioners
telling the behavioral assessment clinic that J.K.J.G. suffered from complex febrile seizures after
receiving vaccinations).
Without any supporting expert opinions, medical records, medical literature, diagnostic
criteria, case reports, or any other form of evidence, Petitioners discount the opinions of multiple
treaters and assert their belief that J.K.J.G.’s GDD/ASD-like symptoms resulted from an
encephalopathy. This appears to be based wholly on the short temporal relationship between
J.K.J.G.’s vaccines and his first seizure. They note that J.K.J.G. continues to receive treatment and
request extensions to file updated medical records as their primary argument to not dismiss this
case. However, these newly filed medical records have only served to substantiate prior records
that categorize J.K.J.G.’s conditions as a series of simple febrile seizures and an unrelated ASD
diagnosis. Given the amount of time that has transpired for Petitioners to obtain evidence and the
state of the evidence currently presented, Petitioners have not alleged a viable vaccine-related
injury that has lasted for six months.
Autism has been uniformly rejected as a possible vaccine-related injury in this Court after
a long series of litigation related to this subject. See Cedillo v. Sec’y of Health & Hum. Servs., No.
98 916V, 2009 WL 331968 (Fed. Cl. Spec. Mstr. Feb. 12, 2009), aff’d, 89 Fed. Cl. 158 (2009),
aff’d, 617 F.3d 1328 (Fed. Cir. 2010); see also Hazlehurst v. Sec’y of Dept of Health & Hum.
Servs., No. 03-654V, 2009 WL 332306 (Fed. Cl. Spec. Mstr. Feb. 12, 2009), aff’d sub nom.
Hazlehurst ex rel. Hazlehurst v. Sec’y, Dep’t of Health & Hum. Servs., 88 Fed. Cl. 473 (2009),
aff’d sub nom. Hazlehurst v. Sec’y of Health & Hum. Servs., 604 F.3d 1343 (Fed. Cir. 2010); J.M.
and V.M. v. Sec’y of Health & Hum. Servs., No. 2-10V, 2017 WL 7409771, at *6 (Fed. Cl. Spec.
Mstr. Feb. 7, 2018) (“In none of the rulings since the test cases has a special master or judge found
any merit in an allegation that any vaccine can cause autism.”). Thus, Petitioners continued
requests for extensions of time to file updated medical records will not cure the deficiencies in
Petitioners’ claim, specifically a failure to meet the severity threshold and a viable injury
9

Case 1:24-vv-01513-UNJ Document 52 Filed 07/13/26 Page 10 of 10
Accordingly, Petitioners’ case is DISMISSED for failure to prosecute, specifically
failure to provide evidence of an alleged injury that meets the severity requirement pursuant
to Court orders. The Clerk shall enter judgment accordingly.12
IT IS SO ORDERED.
s/Herbrina D. S. Young
Herbrina D. S. Young
Special Master
12 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
10